A legal instrument that is used to transfer interest in real property. The entity transferring its interest is called the grantor (the seller), and when the Quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee (buyer).
What is a Quitclaim Deed (QCD)?
When a property owner signs a Quitclaim, he is “quitting” his “claim” or ownership rights to the property.
Why is it called “Quitclaim deed?"
A Quitclaim deed is frequently used to transfer property between family members or spouses. They can also be used between an individual and a trust or from a business owner to a business entity.
When to use a QCD?
-Transfer property to or from a revocable living trust. -transfer property to one spouse as part of a divorce.
-Transfer one co-owner's interests to another co-owner.
-Transfer property you own by yourself into co-ownership with someone else.
-Change the way owners hold title to the property.
-And more, give us a call to find out!
What could a QCD be used for?
– Fla. Stat. 695.26 (elements)
• “Prepared by” statement (name and address of the “natural” person preparing the Deed)
• Grantor(s) (Sellers-Party Giving Title) names legibly printed in the body of the Deed
• Grantor(s) mailing address
• Grantee(s) (Buyer-Party Receiving Title) names legibly printed in the body of the Deed
• Signatures of Grantors
• Names printed under Grantors’ signatures
• 2 Witnesses, for each signature (For all Florida Deeds) the names of witnesses printed under witnesses’ signatures
• Complete Notary acknowledgment
• Names being acknowledged
• Date acknowledgment taken
• Signature of Notary
• Name printed under signature
• Commission expiration date
What is in a QCD?
What are the benefits of a Ladybird Quitclaim deed?
Quitclaim deeds can be a hassle due to all the issues that may arise during the process. It is possible to file a Quitclaim deed without an attorney, but it is advised for the process to be completed properly and efficiently for a prudent outcome.
It can take anywhere from two weeks to three months for a Quitclaim deed to be recorded in Florida.
Do you need an attorney?
How long does it take for a Quitclaim deed to be recorded in Florida?
Does a Quitclaim Deed override a will?
A Quitclaim deed is often used to transfer property between family members and spouses. If the parties are not related, they usually have an established relationship. Using a Quitclaim deed will allow you to add a spouse or a child to a title deed to real estate.
Yes, a signed Quitclaim deed overrides a will because the deed is a legal binding document. As long as the deed is signed in good faith it overrides the will. It could be challenged of undue influence just like a will.
Who needs to sign a QCD?
Only the grantor (the seller) needs to sign a Quitclaim deed.